1978 (8) TMI 21

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....s and in the circumstances of the case, the Appellate Tribunal was justified in law in setting aside the order of the Appellate Assistant Commissioner in respect of the gifts made to the married daughters ? " The assessment year we are concerned with is 1971-72. There is no dispute that up to 1971, there was an undivided joint family consisting of the father, sons and six daughters, three of whom had been married earlier. In the partition deed of 1971, while dividing the properties, the father and the sons made provision not only for the three married daughters but also for the three unmarried daughters. Agricultural lands of the value of Rs. 29,400 were allotted to the three married daughters and agricultural lands of the value of Rs. 3....

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....ue of Rs. 10,000. The partition deed purported to have made presents of lands to the three married daughters. Therefore, the Tribunal directed the lower authorities to ascertain whether these gifts of lands were proposed to be made on the occasions of the marriages of the three daughters. Undoubtedly, this view is quite correct. It is not unoften that a HUF announces gift of certain properties, generally lands in an agricultural State like Andhra Pradesh, on the occasion of the marriage of the daughter. The gift deed or settlement deed might not have been executed simultaneously with the marriage or the announcement. Later when the family itself splits up on account of partition, what had been agreed upon or announced would be reduced to wr....

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....for the maintenance and marriage of the unmarried daughters, then the rights of the unmarried daughters and the corresponding obligations of the family gain a coherent and concrete form. They immediately attach to the property thus allotted under the instrument. Since the property is given to the unmarried daughter in recognition of her right, in discharge of the obligation of the family, by no stretch of imagination it could be treated as a gift. " Gift " is defined in s. 2(xii) as " the transfer by one person to another of any existing movable or immovable property made voluntarily and without consideration in money or money's worth, and includes the transfer or conversion of any property referred to in s. 4, deemed to be a gift under ....